Non-admission of appeal in revision without reasoned justification under § 544 ZPO

The German Federal Court of Justice (BGH) dismissed the plaintiff’s complaint against the non-admission of an appeal in revision, leaving the Oberlandesgericht Karlsruhe judgment of May 12, 2023, in final effect, with the plaintiff ordered to bear the costs of the proceedings and a subject value of €195,000. The dispute involved a civil claim where the plaintiff challenged the procedural decision by the higher regional court to deny permission to appeal to the supreme court, a decision the BGH upheld without providing a detailed written justification. The court relied on § 544(6) sentence 2, second half-sentence of the German Code of Civil Procedure (ZPO), which permits omitting reasons for the dismissal of a non-admission complaint if such reasons would not contribute to clarifying the prerequisites for admitting an appeal in revision, and applied § 97(1) ZPO to allocate the litigation costs to the unsuccessful party.